“No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal
protection of the laws.” (Philippine Constitution, Art. III Sec. 1)
The Philippine Constitution likewise provides for “Social Justice and Human
Rights” and identifies the persons with disabilities as one of the groups to be
given “priority” as regards the right to health,
In 15 April 2008, the Philippines affirmed its commitment to the United
Nations Convention on the Rights of Persons with Disabilities (CRPD) by
means of ratification. In compliance to the Constitution and the country’s its
treaty obligation, the state party, by virtue of Presidential Executive Order
No. 709 issued on 26 February 2008, has redefined the National Council for
the Welfare of Disabled Persons (NCWDP) and transformed it into the
National Council on Disability Affairs (NCDA), which now serves as the
lead agency tasked to steer the course of program development for persons
with disabilities and the delivery of services to the sector, and to closely
monitor and improve government action on implementation of laws and
policies for persons with disabilities.
The State shall establish a special agency for disabled persons for
their rehabilitation, self-development, and self-reliance, and their
integration into the mainstream of society. (CONST. Art XIII, Sec.
13)
In terms of national legislations, Philippine Congress has several statutes
specifically on PWDs, the most important of which is the 1992 Magna Carta
for Disabled Persons2. The Magna Carta has been thrice amended to
strengthen PWD protection.
b. to have individual legal standing in all administrative and judicial
procedures, including the right to be heard as part of their right to fair
trial;
In a case decided by the Supreme Court of the Philippines, it was held that “A
deaf-mute is not incompetent as a witness. All persons who can perceive, and
perceiving, can make known their perception to others, may be witnesses.
Deaf-mutes are competent witnesses where they (1) can understand and
appreciate the sanctity of an oath; (2) can comprehend facts they are going
to testify on; and (3) can communicate their ideas through a qualified
interpreter.” (People v. Tuangco, 399 Phil. 147, 162 (2000)
Such ruling was culled from Rule 130 of the Rules of Admissibility which
provides to wit:
“An Act Providing for the Rehabilitation, Self-Development and Self Reliance of Disabled Persons and
their Integration into the Mainstream of Society and for Other Purposes” (Republic Act 7277, or Magna
Carta).
2